Maritime NZ tells social media-savvy boatie he needs a commercial skipper's licence to operate

Josh James has been told he needs a commercial licence for his boat as the logos on the side and the fact he operates a social media business make it a commercial vessel. Photo / Supplied

An outdoors enthusiast says a Maritime New Zealand push to label some recreational fisherman as commercial operators smells fishy.

South Westland resident Josh James said he received an email on Thursday from Maritime NZ advising him to stop using his boat until he got it surveyed and obtained his Skipper's ticket.

"They told me because of the logos on the side of the boat and my posts on social media, Maritime NZ consider that commercial gain."

James has a Facebook page, Josh James Kiwi Bushman, with over 55,000 likes and a YouTube channel documenting his outdoor adventures, which has about 30,000 subscribers.

"I told him I'm pretty sure it wasn't any commercial gain because every time I go out and use it I have to pay gas and I don't make any money from it. All the fishing videos I produce go free to air on YouTube so I don't charge people for that."

The 40-year-old said he was confused as to where the commercial gain was coming from.

James, who has been making videos on YouTube for two years, said Maritime NZ's email was "totally out of the blue".

"I made a post on Facebook and received quite a few messages from other people on social media who have been contacted in the last couple of days and received the same thing."

He said he understood if Maritime NZ wanted people to register boats under some kind of basic licence, "because at the moment anyone can go out and purchase a boat and go drive".

"But to go a step forward and make people register their boats as a commercial vehicle if they've got logos on the side or are receiving discounts for gear, it seems a little bit crazy."

James said his sponsors didn't pay him any money, but he was "pretty lucky" that they provided his boat.

"So personally I don't mind jumping through the hoops ... but for everyone else out there who doesn't have sponsors who are just trying to start up their own YouTube channel, they're just going to get shut down, they're not even going to pass go."

Maritime NZ general manager maritime compliance Harry Hawthorne said The Kiwi Bushman Ltd fits the definition of a commercial maritime operator, "because its vessel is operated by a business".

Kiwi bushman Josh James became an internet sensation in 2015 through his Go-Pro footage of his back-country exploits. Photo / Supplied

"The company makes fishing videos it sells online and for broadcast, and promotes sponsors. Its sponsors provide free and heavily discounted products including the boat, its motors, and other equipment."

Hawthorne added Maritime NZ does not decide if a vessel is commercial or domestic, that is defined in the Maritime Transport Act.

The Act states a pleasure craft is a "ship that is not offered or used for hire or reward, and is exclusively used for the owner's pleasure". It excludes ships provided or operated by a business.

Hawthorne clarified that Maritime NZ was not contacting fishermen posting their trips on social media.

"However, where Maritime NZ is working with a company it might review the company's posts on social media, its advertising or stories about it in the news media."

Rumours floating online that accepting money for gas is considered commercial profit were not correct, he said.

"The owner of a pleasure craft who uses it for recreational purposes can receive contributions for costs. The Maritime Transport Act specifically states that this is not reward, and it is therefore not commercial."

Hawthorne said the organisation was working with The Kiwi Bushman Ltd to help it enter the Maritime Operator Safety System.